This paper aims to systematically explore and provide answers to the following key questions: When is government secrecy justified? In a conflict between government secrecy and the public's right to be informed on matters of public interest, which ought to take priority? Is Julian Assange a journalist and what justifies his role as a journalist? Even if Julian Assange is a journalist of the new media, was he justified in disseminating classified information to the public? Who (...) decides what is in "the public interest"? Is it only journalists of the Fourth Estate who decide that or also journalists of the Fifth Estate ? This paper will answer the aforementioned questions by arguing that the media in the form of both the Fourth and Fifth Estates should inform the public on matters of public interest truthfully and ethically, even if sometimes they have to breach government secrecy. (shrink)

This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls’ Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge injustices in the international system (...) of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University. (shrink)

In the first part of the 21st century, the complicated relationship between transparency and security reached a boiling point with revelations of extra-judicial CIA activities, near universal NSA monitoring and unprecedented whistleblowing – and prosecution of whistleblowers under the Espionage Act. This article examines the dual necessities of security and transparency for any democracy, and the manner in which whistleblowers radically saddle this Janus-faced relationship. Then I will move to contemporary examples of whistleblowing, showing how and why some prove more (...) damaging or beneficial than others. I will conclude with some suggestions as to practical reforms which might mitigate the seemingly inevitable pendulum-swinging between Snowden-style vigilantism and a panoptic security state. (shrink)

Sidgwick's defence of esoteric morality has been heavily criticized, for example in Bernard Williams's condemnation of it as 'Government House utilitarianism.' It is also at odds with the idea of morality defended by Kant, Rawls, Bernard Gert, Brad Hooker, and T.M. Scanlon. Yet it does seem to be an implication of consequentialism that it is sometimes right to do in secret what it would not be right to do openly, or to advocate publicly. We defend Sidgwick on this issue, (...) and show that accepting the possibility of esoteric morality makes it possible to explain why we should accept consequentialism, even while we may feel disapproval towards some of its implications. (shrink)

In June 1979, Congress passed the Espionage Act, the first act of the three secrecy-defining statutes that have shaped so much of the last hundred years of modern American secrecy doctrine. Together with two other statutes that followed in later decades-the Atomic Energy Acts of 1946 and 1954, and the Patriot Act of 2001-these three Acts picked out inflection points in the great ratcheting process that has expanded secrecy from the protection of troop positions and recruitment stations (...) through an entire field of the physical sciences to almost the whole of government and civil society. Along with a surround of orders, directives, laws, and policies, these three Acts ground the modern world of national security secrecy. Necessarily schematic, my aim here is to follow the long term history of secrets over the last hundred years, using the debates and cases that that encircled them to understand better the governing principles of what information had to be hidden. What dangers did each period identify among things that should be secret? What were the properties and assumed power of these secrets? What kind of thing could, in the end, properly be declared secret? In short, I am interested in using the Acts to fix what it is that secrets were: An historically changing ontology of secrets from World War I through the Long War , and finally into the Terror Wars, our unbounded conflict. (shrink)

As a nation, we seem to be of two minds about secrecy. We know that government secrecy is incompatible with democratic decision-making in obvious ways. Yet there is a near-universal consensus that some measure of secrecy is justified and necessary to protect authorized national security activities. Reconciling these conflicting interests is an ongoing challenge. In recent years, a large and growing number of public interest organizations and professional societies have turned their attention to government (...) class='Hi'>secrecy, identifying it as an obstacle to achieving their own objectives. These professionally and politically diverse groups are united by the perception that secrecy has escalated to the point of dysfunction. On that point, there is not much disagreement. One basic premise of the critics of government secrecy is that too much information gets classified and withheld from the public in the name of national security, and that this has undesirable effects on public policy and on public discourse. But a second basic premise is that it is possible to do something about that. These organizations, including my own, do not simply want to protest against improper secrecy but to correct it. And to a remarkable extent, the secrecy system lends itself to such corrective efforts through various mechanisms that will be described below. (shrink)

In June 1979, Congress passed the Espionage Act, the first act of the three secrecy-defining statutes that have shaped so much of the last hundred years of modern American secrecy doctrine. Together with two other statutes that followed in later decades-the Atomic Energy Acts of 1946 and 1954, and the Patriot Act of 2001-these three Acts picked out inflection points in the great ratcheting process that has expanded secrecy from the protection of troop positions and recruitment stations (...) through an entire field of the physical sciences to almost the whole of government and civil society. Along with a surround of orders, directives, laws, and policies, these three Acts ground the modern world of national security secrecy. Necessarily schematic, my aim here is to follow the long term history of secrets over the last hundred years, using the debates and cases that that encircled them to understand better the governing principles of what information had to be hidden. What dangers did each period identify among things that should be secret? What were the properties and assumed power of these secrets? What kind of thing could, in the end, properly be declared secret? In short, I am interested in using the Acts to fix what it is that secrets were: An historically changing ontology of secrets from World War I through the Long War, and finally into the Terror Wars, our unbounded conflict. (shrink)

In civil libertarian discourse, the inverse relationship between government secrecy and privacy is well recognized and widely acknowledged - so widely, in fact, that it can come to seem as though we might regain sufficient privacy simply by cabining official secrecy. But regimes of secrecy that insulate private-sector data processing practices also contribute materially to the decline of privacy, and indeed play a vital role in facilitating government efforts to make citizens' lives transparent. In addition, (...) there is an inverse relationship between openness and privacy that we are inclined to resist discussing. When, for example, a government agency posts on its website documents containing private information about individual citizens, or when a social networking service establishes default rules for transmitting information from member pages to commercial partners, openness contributes materially to the exposure that people experience. Our public discourse about information policy reinforces the devaluation of privacy in two opposite but mutually-reinforcing ways, by valorizing political economies organized around secrecy and by elevating openness as an ultimate good. The shelter that privacy affords for self-development is essential to a healthy democracy. It is therefore important to interrogate both our regimes of secrecy and our discourses about openness. (shrink)

To challenge the Foucauldian legacy of Jeremy Bentham’s panopticon prison, scholars often highlight Bentham’s later writings on the democratic power of public opinion. In doing so, they reaffirm Bentham’s reputation as a unreserved proponent of transparency. To recover the limits of Bentham’s embrace of publicity, I examine the model of visibility exemplified by his designs for the Sotimion, a residence for unmarried, pregnant women. The Sotimion draws our attention to Bentham’s appreciation for concealment as a method of preventing individual and (...) social harms caused by publicity and his criticisms of ascetic sexual norms. By being able to see visitors without being seen by them, the residents of the Sotimion would have avoided social censure while continuing to meet with friends, family, and even lovers. The Sotimion designs eschewed the panoptic principle, the use of asymmetric surveillance to reform moral behavior, and offered what I call the “soteric principle,” the use of asymmetric surveillance to protect the observer from punishment. By comparing the Sotimion to the Magdalen Hospital for Penitent Prostitutes and Bentham’s discussions of panoptic institutions for women, I examine the Sotimion’s distinctiveness while acknowledging its normalizing effects for residents from lower socioeconomic classes. Just as the panopticon captured Bentham’s commitment to publicity, applying the soteric model to Bentham’s theory of public opinion highlights his commitment to secrecy for protecting critics of government abuses from retribution. (shrink)

Invited media scholars and journalists examine the general issue of nuclear waste, risk and the sicentific promises that were made, but not kept, about safe disposal. The mass media uncovered and reported on nuclear waste problems at Rocky Flats in Colorado and Hanford in Washington. Two environmental journalists review efforts to expose problems at these sites, how secrecy hampered reporting, and the effects of media coverage on nearby residents. An environmental communications scholar evaluates media coverage, the role of the (...) U.S. Department of Energy, and the impact of secrecy on public risk perceptions and attitudes toward government nuclear waste policies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Secrecy and Autonomy in Lewis CarrollSusan ShererVictorian novels quiver with morbid secrets and threatening discoveries. Unseen rooms, concealed doors, hidden boxes, masked faces, buried letters, all appear (and disappear) with striking regularity in the fiction of Victorian England. So many of these secret spaces contain children, and especially little girls, little girls in hidden spaces. The young Jane Eyre sits behind a curtain in the hidden window seat, (...) escaping the vindictive wrath of John Reed. Repulsed by her angry brother, Maggie Tulliver flees to the house attic, fantasizing that her family will fear that she has died. Little Dorrit withdraws from the common space of the Marshalsea into her private room above the prison, and Little Nell hides behind trees and walls, silently observing clandestine meetings. Finally the seven-year-old Alice falls down a rabbit-hole into a Wonderland, the dreamspace of her own psyche.Of these images, none can be more embedded in our cultural imagination than the child Alice dropping into the subterranean well of Wonderland. Indeed, of the many celebrated scenes in the Alice narratives, the most memorable, most potent, most quoted is Alice’s initial descent to the bottom of the rabbit-hole. The lastingness of this scene seems even greater when we realize that, although neither Carroll in Alice’s Adventures Underground nor Tenniel in the first edition of Wonderland illustrated the moment with a picture, it still became (along with the Mad Hatter’s tea party) one of the signature images of the Alice stories. Why, we must ask, did the Victorians retain, with a powerful tenacity, this vision of a little girl moving through a tight space toward the hidden world of Wonderland?The answer to this question is not—at least not wholly—that the scene simply represents a child’s metaphorical progress through the [End Page 1] birth canal 1 and that this, in turn, symbolizes some kind of rite of passage, a movement towards some deeper knowledge. For then how do we explain Alice’s conspicuous lack of internal development in both stories? Indeed, for a narrative that thematizes motion, Alice’s psychical growth remains disturbingly static. Throughout both narratives, Alice displays little emotional variation, for when she is not frustrated or anxious, she is, for the most part, vapid or expressionless. In fact, one is immediately struck by her coolness and indifference as she drops through the rabbit-hole. 2 Thus, because scene changes in Wonderland and Looking-Glass rarely betoken any emotional or intellectual modulations, Alice’s falling into Wonderland signals no internal transition.But the image does relocate her body and within this fictive world, location is everything. The scene gestures Alice’s departure, her separation, her movement towards an autonomy of which every child dreams when, in play, retreating to a hidden space. A child’s impulse to hide, to create a secret space, is one of the most compelling of all human wishes, the wish for autonomy and autarchy—“to be cut off from the word and yet owner of the world.” 3 Throughout Victorian literature, the fantasy of autonomy sets children dreaming of far-away worlds and hidden gardens. The young Cathy and Heathcliff flee to the isolated moors, filling the open, empty space with dreams of unrestricted freedom. Little Dorrit envisages the locked garden behind the Marshalsea as an alternative world to the foul prison atmosphere. And what are the Brontës’s Angria and Gondol but disconnected, self-governing realms imagined from the standpoint of childhood powerlessness? The image, then, of Alice’s fall begins to fulfill this powerful wish for autonomy, which culminates, finally, in Alice’s self-coronation at the end of Looking-Glass. Yet it is only within the child’s willing imagination that a secret space can encroach so closely upon autonomy, for as we shall see, secrecy and autonomy are irreconcilable not only in the demanding world of realism, but even in the more elastic world of Carrollian fantasy.IAlice’s descent into Wonderland and her entrance into the Looking-Glass kingdom would seem like ripe metaphors for Carroll to explore the thoughts and fantasies of Alice’s psyche. What could be more... (shrink)

In the modern age, the political secret has acquired a bad reputation. With modern democracy’s ideal of transparency, political secrecy is identified with political crime or corruption. The article argues that this repression of secrecy in modern democracies falls short of a substantial understanding of the structure and workings of political secrecy. By outlining a genealogy of political secrecy, it elucidates the logic as well as the blind spots of a current culture of secrecy. It (...) focuses on two fundamental logics of secrecy, deduced from the Latin terms ‘ arcanum’ and ‘ secretum’. Whereas the logic of arcanum regards secrecy as a legitimate dimension of government, a modern logic of secretum is marked by an inextricable dialectics between the withdrawal and communication of knowledge, between secrecy and publicity. Here, the secret is not so much a piece of withheld knowledge as a ‘secrecy effect’ that binds the realm of secrecy to the public sphere by a dialectics of permanent suspicion and scandal. Instead of falling into the trap of this ‘secrecy effect’ it is worth taking a closer look at the tradition of thought on the arcana imperii, from Tacitus to early modern doctrines of raison d’état to Carl Schmitt. What this tradition deals with is the functionality of secrecy and its complicated relation to the law. The arcana tradition elaborates the crucial point of secrecy: its potential, but also its profound ambivalence. Secrecy opens up a discretionary space of action exempt from the rule of law, and, according to Carl Schmitt, ignores the law so as to allow it to become effective. Secrecy serves to protect and stabilize the state, but at the same time it opens a space of exception from the rule of law that breeds violence, corruption and oppression. Instead of seeing secrecy as the opposite of a political culture of transparency, it is more productive to regard secrecy as transparency's complement – a counterpart, however, that is marked by the profound paradox of being both a consolidation of and a threat to democracy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Secrecy and Autonomy in Lewis CarrollSusan ShererVictorian novels quiver with morbid secrets and threatening discoveries. Unseen rooms, concealed doors, hidden boxes, masked faces, buried letters, all appear (and disappear) with striking regularity in the fiction of Victorian England. So many of these secret spaces contain children, and especially little girls, little girls in hidden spaces. The young Jane Eyre sits behind a curtain in the hidden window seat, (...) escaping the vindictive wrath of John Reed. Repulsed by her angry brother, Maggie Tulliver flees to the house attic, fantasizing that her family will fear that she has died. Little Dorrit withdraws from the common space of the Marshalsea into her private room above the prison, and Little Nell hides behind trees and walls, silently observing clandestine meetings. Finally the seven-year-old Alice falls down a rabbit-hole into a Wonderland, the dreamspace of her own psyche.Of these images, none can be more embedded in our cultural imagination than the child Alice dropping into the subterranean well of Wonderland. Indeed, of the many celebrated scenes in the Alice narratives, the most memorable, most potent, most quoted is Alice’s initial descent to the bottom of the rabbit-hole. The lastingness of this scene seems even greater when we realize that, although neither Carroll in Alice’s Adventures Underground nor Tenniel in the first edition of Wonderland illustrated the moment with a picture, it still became (along with the Mad Hatter’s tea party) one of the signature images of the Alice stories. Why, we must ask, did the Victorians retain, with a powerful tenacity, this vision of a little girl moving through a tight space toward the hidden world of Wonderland?The answer to this question is not—at least not wholly—that the scene simply represents a child’s metaphorical progress through the [End Page 1] birth canal 1 and that this, in turn, symbolizes some kind of rite of passage, a movement towards some deeper knowledge. For then how do we explain Alice’s conspicuous lack of internal development in both stories? Indeed, for a narrative that thematizes motion, Alice’s psychical growth remains disturbingly static. Throughout both narratives, Alice displays little emotional variation, for when she is not frustrated or anxious, she is, for the most part, vapid or expressionless. In fact, one is immediately struck by her coolness and indifference as she drops through the rabbit-hole. 2 Thus, because scene changes in Wonderland and Looking-Glass rarely betoken any emotional or intellectual modulations, Alice’s falling into Wonderland signals no internal transition.But the image does relocate her body and within this fictive world, location is everything. The scene gestures Alice’s departure, her separation, her movement towards an autonomy of which every child dreams when, in play, retreating to a hidden space. A child’s impulse to hide, to create a secret space, is one of the most compelling of all human wishes, the wish for autonomy and autarchy—“to be cut off from the word and yet owner of the world.” 3 Throughout Victorian literature, the fantasy of autonomy sets children dreaming of far-away worlds and hidden gardens. The young Cathy and Heathcliff flee to the isolated moors, filling the open, empty space with dreams of unrestricted freedom. Little Dorrit envisages the locked garden behind the Marshalsea as an alternative world to the foul prison atmosphere. And what are the Brontës’s Angria and Gondol but disconnected, self-governing realms imagined from the standpoint of childhood powerlessness? The image, then, of Alice’s fall begins to fulfill this powerful wish for autonomy, which culminates, finally, in Alice’s self-coronation at the end of Looking-Glass. Yet it is only within the child’s willing imagination that a secret space can encroach so closely upon autonomy, for as we shall see, secrecy and autonomy are irreconcilable not only in the demanding world of realism, but even in the more elastic world of Carrollian fantasy.IAlice’s descent into Wonderland and her entrance into the Looking-Glass kingdom would seem like ripe metaphors for Carroll to explore the thoughts and fantasies of Alice’s psyche. What could be more... (shrink)

In the wake of recent corporate scandals, this paper traces the growing power of pension funds to provide managerial oversight of the firms they hold in their investment portfolios. Increasingly pension funds are exercising their legitimate rights as owners to raise the corporate governance standards of the firms they invest in. Within corporate governance generally, pension funds are shifting their attention away from managerial accountability and toward measures that increase transparency in firm-level decision-making. Pension funds use transparency to ensure that (...) shareholders are the primary interest being served by the firm. Transparency not only aligns managers and owners, it also raises issues of firm behaviour that allow other stakeholders to engage the corporation more broadly. I contend that secrecy is economically inefficient. When organizations are opaque and interests are secret, decision-making can and does distort efficiency. I examine recent pension fund corporate governance campaigns with particular reference to the California Public Employees Retirement System. (shrink)

This introductory article provides an overview of the historiography of scientific secrecy from J.D. Bernal and Robert Merton to this day. It reviews how historians and sociologists of science have explored the role of secrets in commercial and government-sponsored scientific research through the ages. Whether focusing on the medieval, early modern or modern periods, much of this historiography has conceptualized scientific secrets as valuable intellectual property that helps entrepreneurs and autocratic governments gain economic or military advantage over competitors. (...) Following Georg Simmel and Max Weber, this article offers an alternative interpretation of secrecy as a tool to organize and to hierarchically order society. In this view, the knowledge content of secrecy is less important than its social-psychological effects. The authors argue that, in many instances, entrepreneurial researchers and governments use scientific secrets as an effective tool to manipulate the beliefs of their competitors and the larger public, and not necessarily to protect the knowledge that they hold. (shrink)

One of the fundamental principles of good corporate governance is transparency, i.e., the disclosure of private information to external stakeholders, so that they may make judgments and decisions relating to the corporation. Equally important, but less discussed, is the competing value that corporations need to protect legitimate secrets. Corporations thus need a communication strategy for dealing with external stakeholders which addresses the conflict between disclosure and secrecy. This article focuses on an important element of that communication strategy in the (...) context of financial reporting: the possibility that corporate insiders may consider it in their interest, or in the interest of specific stakeholders, to alter or manipulate the financial information that it discloses publicly. Using concepts from the corporate governance and financial reporting literatures, it addresses the ethical question of who (management or the board of directors) should be responsible for making the fundamental strategic choices whether and (if so) how the corporation alters or manipulates the financial information. This article argues that the board of directors is responsible for formulating (and monitoring) the corporation's communication strategy, and that management is responsible for carrying it out. (shrink)

In the wake of recent corporate scandals, this paper traces the growing power of pension funds to provide managerial oversight of the firms they hold in their investment portfolios. Increasingly pension funds are exercising their legitimate rights as owners to raise the corporate governance standards of the firms they invest in. Within corporate governance generally, pension funds are shifting their attention away from managerial accountability and toward measures that increase transparency in firm-level decision-making. Pension funds use transparency to ensure that (...) shareholders are the primary interest being served by the firm. Transparency not only aligns managers and owners, it also raises issues of firm behaviour that allow other stakeholders to engage the corporation more broadly. I contend that secrecy is economically inefficient. When organizations are opaque and interests are secret, decision-making can and does distort efficiency. I examine recent pension fund corporate governance campaigns with particular reference to the California Public Employees Retirement System. (shrink)

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...) her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

Whatever else one might say concerning the legality, morality, and prudence of his actions, Edward Snowden, the former U.S. National Security Agency contractor, is right about the notion of publicity and informed consent, which together constitute the hallmark of democratic public policy. In order to be morally justifiable, any strategy or policy involving the body politic must be one to which it would voluntarily assent when fully informed about it. This, in essence, was Snowden's argument for leaking, in June 2013, (...) the documents that revealed the massive NSA surveillance program: So long as there's broad support amongst a people, it can be argued there's a level of legitimacy even to the most invasive and morally wrong program, as it was an informed and willing decision.... However, programs that are implemented in secret, out of public oversight, lack that legitimacy, and that's a problem. It also represents a dangerous normalization of “governing in the dark,” where decisions with enormous public impact occur without any public input. (shrink)

Standard rationales for the illegality of markets in votes are based on concerns over the undue influence of wealth and the erosion of civic responsibility that would result from the commodification of votes. I present an alternative rationale based on how the mere alienability of votes alters the strategic setting faced by political actors. The inalienability of votes ensure the strict secrecy of voting, that is, the inability of voters to communicate credibly to others the content of their votes. (...) In doing so, it diminishes the credibility of all political actors’ clientelistic promises to reciprocate. By drastically reducing the transaction costs of vote exchanges, the legality of markets in votes would thus exacerbate the detrimental effects of political clientelism on the quality of democratic governments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fallout from Government-Sponsored Radiation ResearchCarol Mason Spicer (bio)On December 28, 1993, Energy Secretary Hazel R. O'Leary publicly appealed to both the executive and legislative branches of the United States Government to consider compensation for individuals who were harmed by their exposure to ionizing radiation while enrolled in government-sponsored studies conducted between 1940 and the early 1970s.1 The call for compensation was issued three weeks after Secretary (...) O'Leary disclosed that radiation experiments involving humans, sometimes without their consent, had occurred under the auspices of the Atomic Energy Commission (AEC), a forerunner of the Department of Energy (DOE). Secretary O'Leary directed her department to investigate the nature and extent of the experiments, report on their medical and ethical acceptability, and locate the research subjects or their families.Background to the Federal Advisory CommitteeDespite the fact that the existence of many government-sponsored radiation experiments was not a secret—much of the research was reported at the time in scientific journals, and in 1986, Representative Edward J. Markey (D-MA) conducted congressional hearings on such radiation research—Secretary O'Leary's disclosure of the AEC experiments and her call for compensation made the experiments common knowledge and sparked a swift and complex governmental response involving both the executive and legislative branches.It is curious that the "radiation experiments" have garnered so much attention now, since they were virtually ignored in the wake of the 1986 hearings. Secretary O'Leary's disclosure of the radiation studies grew out of a general reassessment of secrecy in government. In April 1993, the Clinton administration set out to review the system of government secrecy that evolved during the Cold War, and in May 1993, DOE began reviewing and declassifying files pertaining to nuclear weapons research. When Dan Reicher, a top aide to Secretary O'Leary, informed her in November of the impending publication of an Albuquerque Tribune investigative report (Welsome 1993) on an experiment conducted between 1945 and 1947 in which 18 subjects were injected with plutonium, [End Page 147] the topic of questionable research involving the exposure of human subjects to radiation was added to the DOE list of information to be disclosed. At the time, it was thought to be but one small part of a massive quantity of DOE information to be made public.As part of its effort to investigate the radiation experiments, DOE established a toll-free telephone hot line for individuals who thought they might have been the subjects of radiation exposure experiments. The hot line, originally staffed by three people to handle the anticipated few dozen calls per day, received more than 2,000 calls in the first week. By early January the hot line was flooded with 6,000 to 10,000 calls daily, and its staff had increased more than ten-fold. Although many of the calls were deemed not to be candidates for further investigation, the extent of the radiation-related experiments, sponsored not only by AEC, but also by the military and other government departments and agencies, took officials by surprise.On December 30, the Department of Defense, the Department of Veterans Affairs, and the National Aeronautics and Space Administration all announced that they were initiating thorough reviews of their files to determine the extent and nature of any radiation experiments conducted under their auspices.2 In January, the CIA and the Department of Health and Human Services, including the National Institutes of Health, followed suit.The White House publicly entered the arena in late December announcing that it would hold a meeting on January 3, 1994, to help coordinate the government's investigative effort. At the same time, Senator Edward M. Kennedy (D-MA) called for a mid-January congressional hearing to investigate experiments conducted between 1946 and 1956 in which mentally retarded boys at the Fernald State School in Massachusetts were fed radioactive iron supplements or milk containing radioactive calcium to enable researchers to trace the absorption of those nutrients. Senator Kennedy's hearing, conducted by the Subcommittee on Health of the Senate Committee on Labor and Human Resources, was the first of a number of congressional hearings held earlier this year to investigate the... (shrink)

The rapid advance of life science within the context of increased international concern over the potential misuse of findings has resulted in the lack of agreement on the issues of responsibility, control and collaboration. This progress of knowledge outpaces the efforts of creating moral and legal guidelines for the detection and minimization of the risks in the research process. There is a need to identify and address normative aspects of dual-use research. This paper focuses on the issues of safety and (...) global collaboration in life science research by highlighting the importance of openness, enabling policies and cooperative governance. These safeguards are believed to reduce the risks related to the misuse of science while enabling the important research to move forward. The paper addresses the need for a better definition of dual use concept and, based on the historical precedents, explores the moral concerns and governmental strategies of dual-use research. The three necessary moves in addressing the issue of security in life sciences are suggested: the move from constraining to enabling types of policies, the move from secrecy to openness, and the move from segregation to integration of the public voice. (shrink)

This article discusses the manipulation and measurement of levels of situational self-focus, which is generally labeled ''self-awareness.'' A new scale was developed to quantify levels of public and private self-awareness. Five studies were conducted to assess the psychometric properties, reliability, and validity of the Situational Self-Awareness Scale (SSAS). The SSAS was found to have a reliable factor structure, to detect differences in public and private self-awareness produced by laboratory manipulations, and to be sensitive to changes in self-awareness within individuals over (...) time and across situations. The SSAS can be used as a manipulation check of laboratory self-awareness manipulations and as a means of assessing naturally occurring fluctuations in public and private self-awareness in order to clarify the relation between self-awareness and other variables (e.g., mood and memory). (shrink)

The suite of secretive national security programs initiated in the US since 9/11 has created debate not only about the merits of targeted killing, torture, secret detention, cyberwar, global signals intercepts, and data-mining, but about the very secrecy in which these programs were conceived, debated by government officials, and implemented. Law must be revealed to those who are expected to comply with its demands. Law is a mere pretext for coercion if the laws permitting the government to (...) coerce people for non-compliance are concealed. The purpose of this essay is to determine whether inhabitants of a liberal state—a type of state tracing the legitimacy of its coercive actions to the consent of the governed—also need to know the internal protocols and legal findings of the government agencies ostensibly serving them. To put this question another way, what, if anything, may government agencies in liberal states keep secret? (shrink)

Whistleblowing is the public disclosure of information with the purpose of revealing wrongdoings and abuses of power that harm the public interest. This book presents a comprehensive theory of whistleblowing: it defines the concept, reconstructs its origins, discusses it within the current ethical debate, and elaborates a justification of unauthorized disclosures. Its normative proposal is based on three criteria of permissibility: the communicative constraints, the intent, and the public interest conditions. The book distinguishes between two forms of whistleblowing, civic and (...) political, showing how they apply in the contexts of corruption and government secrecy. The book articulates a conception of public interest as a claim concerning the presumptive interest of the public. It argues that public interest is defined in opposition to corporate powers and its core content identified by the rights that are all-purposive for the distribution of social benefits. A crucial part of the proposal is dedicated to the impact of security policies and government secrecy on civil liberties. It argues that unrestrained secrecy limits the epistemic entitlement of citizens to know under which conditions their rights are limited by security policies and corporate interests. When citizens are denied the right to assess when these policies are prejudicial to their freedoms, whistleblowing represents a legitimate form of political agency that safeguards the fundamental rights of citizens against the threat of unrestrained secrecy by government power. Finally, the book contributes to shifting the attention of democratic theory from the procedures of consent formation to the mechanisms that guarantee the expression of dissent. It argues that whistleblowing is a distinctive form of civil dissent that contributes to the demands of institutional transparency in constitutional democracies and explores the idea that the way institutions are responsive to dissent determines the robustness of democracy, and ultimately, its legitimacy. What place dissenters have within a society, whether they enjoy personal safety, legal protection, and safe channels for their disclosure, are hallmarks of a good democracy, and of its sense of justice. (shrink)

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, (...) it concludes, we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (shrink)

I offer a new cartography of ethical resistance. I argue that there is an uncharted interaction between managerial secrecy and organizational silence, which may exponentially increase the incidence of corruption in ways not yet understood. Current methods used to raise levels of moral conduct in business and government practice appear blind to this powerful duo. Extensive literature reviews of secrecy and silence scholarships form the background for an early stage conceptual layout of the co-production of secrecy (...) and silence. (shrink)

Knowing who benefits financially from a securities trade is necessary for the detection, prosecution and deterrence of illegal securities trading. Foreign jurisdictions with banking or securities secrecy laws are frequently used as a platform for illegal activity to frustrate law enforcement. This paper considers the extent to which Canadian law gives effect to so-called foreign blocking legislation. We conclude that while Canadian law does not generally give effect to foreign blocking legislation, it imposes only limited requirements on market intermediaries (...) to collect beneficial ownership information. Regulators are therefore left with the option of obtaining assistance from their foreign counterparts. (shrink)

Many governments and corporations have embraced information disclosure as an alternative to conventional environmental and public health regulation. Public policy research on transparency has examined the effects of particular disclosure policies, but there is limited research on how the construction of disclosure policies relates to social movements, or how transparency and ignorance are related. As a first step toward filling this theoretical gap, this study seeks to conceptualize disclosure conflicts, the social processes through which secrecy is challenged, defended, and (...) mobilized in public technoscientific controversies. In the case of shale oil and gas development in the United States, activists and policy makers have demanded information about the contents of fluids used in the extraction process and the routes of oil shipments by rail. Drilling and railroad companies have resisted both demands. Studies of such disputes reveal the dynamic and conflictual nature of information disclosure. In both cases, disclosure conflicts unfold dynamically over time, reflecting power disparities between industry groups and their challengers and requiring coalitions of activists to pursue multiple tactics. When a disclosure policy is established, it does not resolve social conflict but shifts the focus of struggle to the design of information systems, the quality of disclosed data, and the knowledge gaps that are now illuminated. (shrink)

The basis for the secrecy is equally apparent, being furnished by Kant a bit later: it could, he suggests, damage the repute of governments to take counsel in foreign affairs from their “subjects.” As a consequence, what can only be publicly executed ought to be agreed on previously in strict secrecy. The state may thus only “tacitly... summon its citizens” to “publicly discuss the general maxims of warfare and peacemaking”. Quite superfluously, a few lines later Kant expressly concedes (...) that “no particular agreement... in this particular point” is needed, corresponding as it does to the imperative of general “human reason.” The public status here openly endowed with secrecy thus has as its object nothing less than something morally and legally self-evident. (shrink)

Data sharing – broadly defined as the exchange of health-related data among multiple controllers and processors – has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods. The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data (...) Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of “open data” and “open innovation.” The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today. Chapter Patient Perspectives on Data Sharing, Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

An oversized reliance on big data-driven algorithmic decision-making systems, coupled with a lack of critical inquiry regarding such systems, combine to create the paradoxical “black box” at work. The “black box” simultaneously demands a higher level of transparency from the worker in regard to data collection, while shrouding the decision-making in secrecy, making employer decisions even more opaque to the worker. To access employment, the worker is commanded to divulge highly personal information, and when hired, must submit further still (...) to algorithmic processes of evaluations which will make authoritative claims as to the workers’ productivity. Furthermore, in and out of the workplace, the worker is governed by an invisible data-created leash deploying wearable technology to collect intimate worker data. At all stages, the worker is confronted with a lack of transparency, accountability, or explanation as to the inner workings or even the logic of the “black box” at work. This data revolution of the workplace is alarming for several reasons: the “black box at work” not only serves to conceal disparities in hiring, but could also allow for a level of “data-laundering” that beggars any notion of equal opportunity in employment and there exists, the danger of a “mission creep” attitude to data collection that allows for pervasive surveillance, contributing to the erosion of both the personhood and autonomy of workers. Thus, the “black box at work” not only enables worker domination in the workplace, it deprives the worker of Rawlsian justice. (shrink)

In popular discussions, the nuances of AI are often abridged as “the algorithm”, as the specific arrangements of machine learning, deep learning and automated decision-making on social media platforms are typically shrouded in proprietary secrecy punctuated by press releases and transparency initiatives. What is clear, however, is that AI embedded on social media functions to recommend content, personalize ads, aggregate news stories, and moderate problematic material. It is also increasingly apparent that individuals are concerned with the uses, implications, and (...) fairness of algorithmic systems. Perhaps in response to concerns about “the algorithm” by individuals and governments, social media platforms utilize transparency initiatives and official statements, in part, to deflect official regulation. In the following paper, I draw from transparency initiatives and statements from representatives of Facebook and TikTok as case studies of how AI is embedded in these platforms, with attention to the promotion of AI content moderation as a solution to the circulation of problematic material and misinformation. This examination considers the complexity of embedded AI as a material-discursive apparatus, predicated on discursive techniques—what is seeable, sayable, knowable in a given time period—as well as the material arrangements—algorithms, datasets, users, platforms, infrastructures, moderators, etc. As such, the use of AI as part of the immensely popular platforms Facebook and TikTok demonstrates that AI does not exist in isolation, instead functioning as human–machine ensemble reliant on strategies of acceptance via discursive techniques and the changing material arrangements of everyday embeddedness. (shrink)

A drone industry has emerged in the US, initially funded almost exclusively for military applications. There are now also other uses both governmental and commercial. Many military drones are still being made, however, especially for surveillance and targeted killings. Regarding the latter, this essay calls into question their legality and morality. It recognizes that the issues are complex and controversial, but less so as to the killing of non-combatant civilians. The government using drones for targeted killings maintains secrecy (...) and appeals to non-traditional justifications. Most scholars who assess these killer drone practices support citizen immunity, either by favoring a modified just war theory that prioritizes civilians’ right to life or by challenging official deviations from applicable laws. They accordingly declare such killing immoral if not a war crime. The manufacturers of these killer drones are not themselves the killers, but they are abetters, i.e., sine qua non facilitators. So, I argue that any company concerned about its corporate social responsibility should cease manufacturing them. (shrink)

This is a follow up to my article on the Multilateral Agreement on Investment (MAI) in the May issue . That went to press a few weeks before the April 27 target date for signing of the MAI by the OECD countries. At the time, it was fairly clear that agreement would not be reached, and it was not—an important event, worth considering carefully. In part the failure resulted from internal disputes—for example, European objections to the U.S. federal system and (...) the extraterritorial reach of U.S. laws, concerns about maintaining some degree of cultural autonomy, and so on. But a much more significant problem was looming. It was becoming increasingly difficult to ensure that the rules of global order would continue to be “written by the lawyers and businessmen who plan to benefit” and “by governments taking advice and guidance from these lawyers and businessmen,” while “invariably, the thing missing is the public voice”—the Chicago Tribune’ s accurate description of the negotiations for the MAI, as well as ongoing efforts to “craft rules” for “global activity” in other domains without public interference. It was, in short, becoming more difficult to restrict awareness and engagement to sectors identified by the Clinton administration, with unusual and unintended clarity, as its “domestic constituencies”: the U.S. Council for International Business, which “advances the global interests of American business both at home and abroad,” and concentrations of private power generally—but crucially not Congress (which had not been informed, in violation of Constitutional requirements) and the general public, its voice stilled by a “veil of secrecy” that was maintained with impressive discipline during three years of intensive negotiations. (shrink)

Words can mean different things to different people. This can be problematic, mainly for those working together in a bureaucratic institution, such as the secret service. Shared, certified, explicit and codified definitions offer a counter to subjective, solitary and/or culturally dominant definitions. It’s true that codified secrecy terms for secret services can be seen to involve a number of political, cultural, subcultural “languages”, but if words come from unclassified or declassified files, memorandums and/or records, one needs a deep understanding (...) of the secret services. A remarkable feature of this bureaucratic language is the evolving nature of, certain “keywords” as important signifiers of historical transformation. Thus, the changes in the language of the secret services depends at least as much on the internal changes of the secret services as on the transformation in the external political-social environment. In spite of the confusion of Hungarian secret services in the revolutions of 1918–1919 and the disintegration of the Austrian-Hungarian Monarchy, in the early 1920’s became a stable system. Between the two World Wars, the Hungarian State Police directed by the Ministry of Internal Affairs, the Military Intelligence and Counter-Espionage directed by the Ministry of Defence, and the Hungarian Royal Gendarmerie directed by both of the Ministries had their own operational service. This structure existed unchanged until 1945. Simultaneously with the forward advance of the soviet troops, government began to re-establish the former system of the secret services in the eastern part of the country. After WWII, in 1946, the “State-protection Department” as political police became independent from the police. However, from the beginning, they remained under the control of the Communist Party. After 1950, the State Security Authority provided special services for the MIA and the Military Political Directorate of the MoD. After quashing the revolution in 1956, in the spring of 1957, the MIA Political Investigation Department was established which—with slight modifications—kept the structure created during the “state protection era”. The MIA III. The State-Protection General Directorate was established in 1962. The reorganization was finalized in the middle of the 1960’s, which resulted in the new system, which—with the structure of Directorates—became the ultimate structure of the state secret police until the abolishment of the MIA General Directorate III in January 1990. These organizational transformations were largely the result of exogenous historical-political changes. Moreover, each new period had a major impact on the organizational communication, language use and vocabulary of the secret services. This study seeks to interpret these historical transformations. (shrink)

ABSTRACTWhat we call the “partisan connection”—the bridge parties build between the people and the formal polity—entails sympathizing with citizens’ suspicions and fears. However, loosening the partisan connection and “speaking truth to conspiracy” is sometimes a moral and political imperative when conspiracy charges come from party leaders’ constituents and fellow partisans. We consider epistemological challenges that make it difficult to assess whether conspiracy claims are warranted, and we consider political challenges to assessing the validity of conspiracy claims that are posed by (...) the secrecy, misleading partial truths, obscurantism, and lying that are endemic to politics. Finally, we propose three standards for responsible party officials to use when judging whether to oppose conspiratorial claims: when they are fueled by hatred of certain groups; when they represent the opposition as treasonous and illegitimate; and when conspiracism extends to authority generally, especially expert authority, thereby undermining the basic work of government decision making. (shrink)

This article analyzes the relative effectiveness and limitations of companies’ voluntarily produced transparency reports in promoting change in firm and government behavior. Such reports are published by telecommunications companies and disclose how often and on what grounds government agencies compel customer data from these companies. These reports expose corporate behaviors while lifting the veil of governmental secrecy surrounding these kinds of compulsions. Fung, Graham, and Weil’s “targeted transparency” model is used to evaluate the extent to which these (...) reports affect behavior. From the analysis, it is evident that telecommunications companies’ transparency reports are only partially effective; while firms may modify their reports to present more information, these reports do not necessarily induce government to more broadly reveal its own activities. The article ultimately suggests that voluntarily produced transparency reports may become more comparable with one another as a result of either corporate reports evolving in consultation with external stakeholders or following a crisis that prompts government or industry to adopt a given standard. Such standards may positively influence the effectiveness of reports while concealing as much about firm behaviors as they purport to reveal. (shrink)

During the communist era, Radio Free Europe (RFE) was Romania's favorite radio station. This paper analyzes the role of RFE in everyday life in the strictly controlled Romanian communist state by looking at the broadcasts of RFE's Romanian Department, their audience, and their impact. Drawing largely on the RFE archives at the Vera and Donald Blinken Open Society Archives (OSA) and the former secret police files at the National Council for the Study of the Securitate Archives (CNSAS), it investigates how (...) radio waves mediated and channeled information while preparing people to embrace political and cultural change. The paper focuses on the circulation of knowledge, media confluences, and human agency. The rituals that developed around the secrecy which governed the listening process, the personal requests, attitudes, and opinions expressed in letters to RFE, and oral and written testimonies, coupled with the disproportionate and, at times, extreme reactions of the communist state, together reveal the carving out of individual spaces that allowed for the preservation of the “self” during Nicolae Ceausescu's dictatorship. At such critical historical moments, the connection became visible. Through an analysis of recent media representations in which RFE figures, such as Cold Waves, this study also looks at how RFE shaped personal memories of communist times. (shrink)

Este trabalho examina o caráter, o funcionamento e as mudanças do aparelho de segurança do Estado, os "arcana imperii" socialistas, na Bulgária pré-1989. Com base na noção de ‘governança’ de Foucault e de sua formulação do ‘poder’ como sendo construtivo e repressivo ao mesmo tempo, o presente artigo analisa o braço forte do regime visto como instituição de gestão do conhecimento. A importância da vigilância para a política moderna e a dinâmica do sigilo são discutidas como sendo estruturadas por tecnologias (...) de exclusão, obstrução e revelação. A segurança estatal é contextualizada com respeito ao objetivo revolucionário do século vinte, de forjar o novo sujeito socialista.Bulgaria’s Political Police – The Socialist Regime’s Legitimation Machine, 1994-1989 This work examines the character, functioning and changes therein of the state security apparatus, the socialist "arcana imperii," in pre-1989 Bulgaria. Building on Foucault’s notion of ‘governance’ and on his formulation of power as both productive and repressive, the paper aims to analyze the political strong arm of the regime as a knowledge management institution. The importance of surveillance for modern politics and the dynamics of secrecy are discussed as structured by technologies of exclusion, obstruction, and revelation. State security is contextualized through the perspective of the 20th century revolutionary objective to engineer the new socialist subject Resumen La Policía Política en la Bulgaria Socialista - La "Máquina de Legitimación" del Régimen, 1944-1989 Este trabajo examina el carácter, el funcionamiento y los cambios en el aparato de seguridad del Estado, los "arcana imperii" socialistas, en la Bulgaria anterior a 1989. Basándose en la noción de ‘gobernanza’ de Foucault y en su formulación del ‘poder’ como productivo y represivo al mismo tiempo, el presente artículo tiene como objetivo analizar el brazo político fuerte del régimen como una institución de gestión del conocimiento. La importancia de la vigilancia para la política moderna y la dinámica del secreto son discutidas como estructuradas por tecnologías de exclusión, obstrucción y revelación. La seguridad del Estado se contextualiza desde la perspectiva del objetivo revolucionario del siglo XX de producir el nuevo sujeto socialista. (shrink)